2011 ORS § 541.327¹
Failure or refusal of district to act
  • joint applications
  • eligible participants

(1) If a district fails or refuses to act under ORS 541.329 (Petition for approval of district map) and 541.331 (Protest against approval of petition), the owner of land with an appurtenant water right within a district and subject to assessment by the district may transfer the use or place of use of the water right on or before July 1, 1994, pursuant to ORS 541.333 (Application for change of place of use, point of diversion or use). An owner transferring the use or place of use under this subsection shall comply with ORS 536.050 (Fees).

(2) If the owners of land within a quarter quarter of a section in a district agree as to the use and place of use of all water rights in the quarter quarter of the section subject to assessment by the district, the owners may jointly submit an application, without the fees required under ORS 536.050 (Fees), to the Water Resources Department to conform the departments records to the present usage within the quarter quarter of a section. The application must be filed in accordance with ORS 541.333 (Application for change of place of use, point of diversion or use) on or before July 1, 1994.

(3) The district or users within a district authorized to participate in the process described under ORS 541.325 (Definitions for ORS 541.327 to 541.333) to 541.333 (Application for change of place of use, point of diversion or use) shall be limited to those districts or users who have notified the department on or before July 1, 1993, of their intention to submit a petition.

(4) Notwithstanding subsection (3) of this section, the Walla Walla River Irrigation District, or its successor district formed under ORS chapter 545 and created after July 1, 1994, may participate in the process described under ORS 541.325 (Definitions for ORS 541.327 to 541.333) to 541.333 (Application for change of place of use, point of diversion or use) if the district notifies the department on or before June 30, 2004. [1989 c.1000 §2; 1991 c.957 §12; 1993 c.818 §2; 1995 c.554 §5; 2003 c.691 §1]

Note: See note under 541.325 (Definitions for ORS 541.327 to 541.333).